2023-04-20 DRAFT Joint Meeting Exh B (Proposed Amendments to PC Ruls 8 & 9)

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and clarified if it could be an artificial structure. This also included the emergency authorization and gave a time period that shall not exceed three (3) years should an emergency authorization be granted. This is the second situation that I mentioned earlier in which the waiver of a public hearing or action can be granted for a shoreline setback variance. As you can see in your background and rec this provision is also made to be in order with conformance with changes made to Chapter 205A of HRS prior to Act 16. In addition to the two slides previous, the Planning Commission Rule 8-10 (d) and(e) Waiver of the Public Hearing is also being proposed to be amended as followed on this screen. This again provision was made in order to be in conformance with the changes made to Chapter 205A of the HRS prior to Act 16. The proposed change that's being presented to you now is Rule 8-10 the Criterial for Approval of a Variance. This specific section was taken directly from Act 16 which is currently in our Rule 8-11 Criteria for Approval of a Variance. This is important because this restricts the construction of shoreline hardening structures that sites with beaches. In addition to the Planning Commission Rule 8 and 9 proposed amendments the Planning Director is also proposing amendments to the Planning Department Rule 11 regarding to the Shoreline Setback in order to conform to Act 16. Please note that the changes do not require the approval by the Planning Commissions however, the Planning Director has provided the Commission with the draft rules as these are proposed changes relating to Act 16 and they are pretty significant. One of the first changes that Act 16 has amended in Chapter 205A was the establishment of the Shoreline Setback Lines. In Planning Department Rule 11-5, the setbacks along the shorelines are being proposed to be 40 feet inland from the shoreline. This provision was done to help shift new development away from exposure to coastal hazards. This amendment will no longer allow for counties to reduce the shoreline setback to less than 40 feet for existing shallow shoreline lots. Where the buildable area of the parcel will be less than 50% of the parcel but after applying the setback. Based on this amendment HRS Section 11-5 is being proposed on the bottom as you can see. In addition, the Planning Department Rule 11-7 the structures or activities permitted within the shoreline setback area is being proposed to be amended to match Act 16 which did include that permitted structures may be repaired but shall not be enlarged, rebuilt, or replaced within the shoreline area without a variance. This provision will prohibit the rebuilding or replacement of existing structures within an approved shoreline setback without an approved shoreline setback variance. Based on that amendment HRS Section 11-7(b) of Department rule was proposed to be amended as followed on the bottom. Lastly, because the previous slide did have certain words in there that the Planning Department rules did not specifically address in our definitions. The Planning Director has proposed the two amendments before you today and those two amendments include adding the definition of rebuild and repair. So, "rebuild"would mean the reconstruction of a lawfully existing structure when the reconstruction is valued by a licensed professional engineer or architect at more than 50% of the replacement cost of the structure. And also "repair"which would mean the fixing, renovation, improvement, or restoration of any part of the lawfully existing structure, but not the entire structure, solely for the purpose of its maintenance and does not result in the addition to, or the enlargement or expansion of the lawfully existing structure. "Repair" includes, but is not 4 EXHIBIT B (DRAFT)